The Madras High Court dismissed the writ petition challenging a rejection of compassionate appointment as infructuous because the petitioner died during the pendency of the petition.
The writ petition and connected miscellaneous petition were dismissed as infructuous due to the death of the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.23368 of 2009
R.Sundaramoorthy
.. Petitioner
-vs-
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for records relating to the second respondent's order made in PU/ESTT/NT2/2009-10/73 dated 14.07.2009 and to quash the same and consequently direct the respondents to appoint the petitioner to any eligible/suitable post under its control forthwith and to extend all benefits both service and monetary.
For Petitioner :: Mr.K.C.Vinodh For Respondents :: Mrs.A.V.Bharathi Standing Counsel
ORDER
This writ petition has been filed challenging the impugned order rejecting the request of the petitioner to provide compassionate appointment. The learned standing counsel for the respondents submitted that the prayer in the writ petition has become infructuous, since the petitioner, who is seeking compassionate appointment, is no more, as he died during the pendency of the writ petition. A death certificate also has been produced showing that Mr.R.Sundaramoorthy died on 3.6.2016. The learned counsel for the petitioner also has no serious objection for closing the matter as infructuous.
compassionate appointment to the petitioner has become infructuous. Accordingly, the writ petition is dismissed as infructuous. Consequently, M.P.No.2 of 2009 is also dismissed. No costs.
Sd/-
Assistant Registrar (CJ Conf)
//True Copy//
Sub Assistant Registrar
ss
To
1. The Registrar
Pondicherry University
Pondicherry 605 014
2. The Deputy Registrar (Administration)
Pondicherry University
Pondicherry 605 014
+1cc to Mr.L.Chandrakumar, Advocate, S.R.No. 40310
+1cc to Mr.A.V.Bharathi, Advocate, S.R.No. 39790
W.P.No.23368 of 2009
RSV(CO)
GN(03/06/2019)
2 issues framed by the court
Whether the writ petition for compassionate appointment is maintainable after the death of the petitioner.
Whether the prayer for compassionate appointment stands infructuous due to the petitioner's death.
1 provisions across 1 enactments
R.Sundaramoorthy
The Registrar, Pondicherry University
The Deputy Registrar (Administration), Pondicherry University
T.Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
